VOLTAS LIMITED Vs. CHANDRKANT Y BHRAMHANE

JUDGEMENT

(1.) RULE. Rule made returnable forthwith. Taken up for final hearing by consent of parties.

(2.) THE petitioner is a public limited company incorporated under the companies Act 1956. Respondentno. 1 was employed with the petitioner on contractual basis for fixed term. The respondent No. 1 joined the service with the petitioner in March 1995. In July 2004 the respondent No. 1 submitted his resignation and the same was accepted by the petitioner with effect from August 19, 2004. The respondent no. 1 made a claim before the controlling authority under the Payment of Gratuity Act 1972 and claimed an amount of Rs. 25,190/-towards gratuity whereas the petitioner had offered a cheque in the sum of Rs. 12,202/- to the respondent No. 1. The controlling authority included the conveyance allowance to determine the wages under Section 2 (s) of the payment of Gratuity Act whereas he excluded the Site allowance. Aggrieved by the order passed by the controlling authority, the petitioner so also respondent No. 1 filed respective appeals before the appellate authority under the Payment of Gratuity Act. The appellate authority has upheld the inclusion of conveyance allowance in the wages and has further directed the inclusion of site allowance also in the wages. It is this order passed by the appellate authority which is challenged by the employer by filing this writ petition.

(3.) THE break up of the wages earned by the respondent No. 1 is thus: <FRM>JUDGEMENT_416_LLJ1_2008Html1.htm</FRM>